| People v Parsons |
| 2009 NY Slip Op 06086 [65 AD3d 716] |
| August 6, 2009 |
| Appellate Division, Third Department |
| The People of the State of New York,Respondent, v Joseph F. Parsons III, Appellant. |
—[*1] John M. Muehl, District Attorney, Cooperstown (Michael F. Getman of counsel), forrespondent.
Stein, J. Appeal from a judgment of the County Court of Otsego County (Burns, J.), renderedMay 30, 2008, convicting defendant upon his plea of guilty of the crimes of vehicularmanslaughter in the first degree and driving while intoxicated.
In satisfaction of a four-count indictment, defendant pleaded guilty to vehicularmanslaughter in the first degree and driving while intoxicated as a class E felony. County Courtsentenced defendant, as a second felony offender, to an aggregate prison term of 7½ to 15years.
Defendant's challenge to the sufficiency of the plea allocution has not been preserved for ourreview in light of his failure to move to withdraw his plea or vacate the judgment of conviction(see People v Lopez, 71 NY2d 662, 665 [1988]; People v Goodell, 13 AD3d 816, 817 [2004], lv denied 4NY3d 831 [2005]). Further, the narrow exception to the preservation rule is inapplicable herein"as defendant did not make any statements during his allocution that were inconsistent with hisguilt or otherwise called into question the voluntariness of his plea" (People v Dobrouch, 59 AD3d781, 781 [2009], lv denied 12 NY3d 853 [2009]). Were we to consider thesufficiency of the plea, we would find defendant's contention to be unpersuasive.
To the extent that defendant challenges the sentence imposed as harsh and excessive, therecord demonstrates no abuse of discretion by County Court nor the existence of [*2]extraordinary circumstances warranting a reduction of his sentencein the interest of justice (see People vMiller, 21 AD3d 1146, 1147 [2005], lv denied 5 NY3d 854 [2005]).
Mercure, J.P., Lahtinen and Malone Jr., JJ., concur. Ordered that the judgment is affirmed.